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Legal Opinion

Smith v. Maldonado

California Court of Appeal

Decided June 23, 1999No. A080411PublishedCited by 84 opinions

1Opinion of the Court

Opinion

McGUINESS, P. J.

Can a defamatory innuendo be created by the act of “highlighting” or visibly emphasizing certain selected passages in a concededly truthful and accurate newspaper article? May an action for defamation lie against persons who copy and disseminate such a truthful newspaper article, after having themselves highlighted one portion of the article that mentions other individuals in a context or manner that inferentially associates those individuals with alleged criminal activity? The issue is apparently one of first impression.

In this case, appellants Donald C. Smith and…

2Cases cited34 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Philadelphia Newspapers, Inc. v. HeppsSupreme Court of the United States · 1986
  3. White v. DavisCalifornia Supreme Court · 1975
  4. Brown v. Kelly Broadcasting Co.California Supreme Court · 1989
  5. Union Bank v. Superior CourtCalifornia Court of Appeal · 1995

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3Cited by84 opinions

  1. Family Home & Finance Center, Inc. v. Federal Home Loan Mortgage Corp.Court of Appeals for the Ninth Circuit · 2008
  2. Ringler Associates Inc. v. Maryland Casualty Co.California Court of Appeal · 2000
  3. Shively v. BozanichCalifornia Supreme Court · 2003
  4. Gilbert v. SykesCalifornia Court of Appeal · 2007
  5. Mann v. Quality Old Time Service, Inc.California Court of Appeal · 2004

79 more not listed; retrieve them via the Exa API.

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